The Court agrees with Mr. Trump's argument because the tweet in question constitutes 'rhetorical hyperbole' normally associated with politics and public discourse in the United States. The First Amendment protects this type of rhetorical statement. [Emphasis added.]This ruling has not gotten a lot of attention from the press except to report it as another current event. It is very tempting to shrug this off as a trivial matter, but I think that would be a very serious mistake. This ruling is wrong, and it has major implications for the rule of law.
The implications of this are ominous. It gives carte-blanche to politicians to defame private citizens at will. Think about the effect this will have on people's willingness to go public with information about a politician's misconduct, even criminal misconduct. Anyone who comes forward now will open themselves up to arbitrary slander for which they will have no recourse. It dangerously tips the balance of power between politicians and private citizens in favor of the former. That is a major step on the path to tyranny.
It is also worth noting that the judge who rendered this ruling, James Otero, was appointed by George W. Bush. (What a surprise.)
I am dismayed that this isn't getting more attention. But I guess that's the world we live in now.
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